Immigration Minister Announces Important Changes to English Language Requirements for Subclass 457 visa regime Commencing 1 July 2007

A new English language requirement was introduced to the Employer Sponsored Temporary Business Visa (the subclass 457) Programme on 1 July 2007. People who have made an application for a subclass 457 visa before 1 July 2007 will not be affected by the change.What is the new requirement

From 1 July 2007, certain primary subclass 457 Visa applicants will be required to have proficiency in English equivalent to an average band score of 4.5 across the four test components in the International English Language Testing System (IELTS) test. Applicants must meet a higher level of English proficiency where this is required for licensing or registration in their nominated occupation. Applicants will need to detail their English language skills on their visa application form.

Important: Notwithstanding the evidence submitted with an application, the Department may ask an applicant to undertake an IELTS test to demonstrate English language skills.

What is IELTS?

IELTS is a test designed to assess an applicant's English language ability. It has an academic test and a general training test – applicants only need to take the general training test unless advised otherwise by a registration or licensing body.

IELTS examinations are available worldwide. Information on fees, available test dates and application forms are available on the IELTS website.

English for Registration/Licensing/Membership

A higher level of English is required for certain occupations where it forms part of registration/licensing or membership. You can find out if your occupation requires a higher level of English by contacting the assessing authority for your nominated occupation. Contact details for assessing bodies and skills recognition are available on the Department's website.

Why has the requirement been introduced?

The Department explains that the English language requirement will help to ensure overseas workers are able to respond to occupational health and safety risks, raise any concerns about their welfare with appropriate authorities and benefit Australia by sharing their skills with other workers.

Who must meet the new requirement?

All primary applicants must meet the English language requirement unless they have been nominated for a position that does not require English language for licensing or registration and any one of the following applies:

• their first language is English and they are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America
• their nominated occupation is within the highly skilled major groups 1-3 of the Australian Standard Classification of Occupations (ASCO), comprising managers, administrators, professionals and associate professionals
• they are to be paid at least a salary specified in a legislative instrument (initially a gross salary of $75 000 excluding all deductions) and the grant of the visa is in the interests of Australia
• they have completed at least five years of continuous full time secondary and/or tertiary education at an institution where at least 80 percent of instruction was conducted in English.

Applications lodged before 1 July 2007

The new English language requirement will not apply to subclass 457 visa applications lodged before 1 July 2007.

Do current subclass 457 visa holders need to meet the new requirement?

Current visa holders will not be required to demonstrate their English skills while on their current visa (unless required by licensing or registration). Current visa holders who apply for a further 457 visa after 1 July 2007 will need to meet the English language requirement. Applicants that do not meet the English language requirement will not meet the criteria to be granted a further subclass 457 visa and will be required to make arrangements to depart Australia or apply for another visa that is appropriate to their continued stay in Australia.

[This information condensed from information on the website of the Department of Immigration and Citizenship as at 27 July 2007]